Joke Collection Website - Bulletin headlines - In the slogan "drug abuse is harmful and drug trafficking is guilty", why is "drug abuse" only "harmful" and not "guilty"?
In the slogan "drug abuse is harmful and drug trafficking is guilty", why is "drug abuse" only "harmful" and not "guilty"?
First, drug abuse is a crime. At present, the laws of most countries stipulate drug abuse as a misdemeanor. The characteristics of drug abuse crime are not in what way or for what motive, but mainly in the importance of social relations violated by behavior and the great social harm of its consequences. A large number of facts have proved that drug abuse is not entirely the personal behavior of innocent people. Because of drug abuse, people lose everything, their wives and children, delay work and study, corrupt social atmosphere, endanger social order, and even take risks to raise drug money. China's criminal law has always advocated severely punishing drug crimes. If we can't define drug abuse that is seriously harmful to society as a crime, we will lose the inherent coordination and unity of criminal laws and regulations, which is also related to. Of course, to define what is a criminal drug abuse behavior, we must also make quantitative provisions. For example, if you intentionally quit smoking or smoke for more than five times, or if drug abuse causes serious legal consequences, it should be recognized as a drug abuse crime or an implicated offender and must be punished according to law.
The second is illegal drug use. From the point of view of infringing on social relations and social harmfulness, although this behavior does not have the constitutive requirements of a crime, subjectively there is no intention to commit a criminal act, objectively there is no criminal consequence, or the party concerned is only taking drugs as a victim, if it is determined as intentional repeated abstinence and repeated smoking for more than 3 times and less than 5 times, its behavior constitutes an illegal nature.
The third is drug abuse as a disease. This kind of behavior mainly refers to the drug-taking behavior caused by the use of iatrogenic drugs because of the need of receiving treatment. Such drug addicts should get rid of drug addiction by receiving hospital treatment, and the state should generally not intervene or punish them by legal means.
From a legal point of view, drug abuse does not necessarily constitute a crime, and the greatest harm of drug abuse is relative to itself, while drug trafficking must constitute a crime, and drug trafficking mainly constitutes a social harm.
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